On May 25th, the 35th Program and Budget Committee (P&B) of the World Intellectual Property Organization (WIPO) adopted new language concerning copyright limitations and exceptions (L&E) for the copyright sector at WIPO. Initially put forward by Colombia, this proposal received strong support from the African Group, leading to its adoption. 

The Program and Budget Committee (PBC) at WIPO is a key committee responsible for program, budget, premises, and finance. It reviews the biennial Program of Work and Budget, WIPO Performance Report, Financial Statements, and External Auditor reports. 

The PBC shapes WIPO’s policies by addressing program implementation, resource allocation, and financial planning. Its recommendations help shape WIPO’s policies, ensuring they align with member states’ evolving needs and the global intellectual property landscape. The PBC also aims to ensure transparency and accountability through the examination of Financial Statements and reports of the External Auditor. 

One significant achievement was the successful introduction of new language concerning copyright limitations and exceptions (L&E) for the copyright sector at WIPO (See agenda item 8, WO/PBC/35/7). This proposal, initially put forward by Colombia, received strong support from the African Group, leading to its adoption. This new language aligns with the recent African Work Plan Proposal adopted at the past  43rd WIPO SCCR session. 

Under agenda item 8 of the WO/PBC/35/7, newly adopted language is underlined and in bold:

Copyright Law

The Copyright Law area leads the Organization’s substantive work to shape the global copyright and related rights ecosystem by supporting Member States in joining WIPO copyright and related rights treaties, through updating their copyright laws as well as their legal and policy frameworks to facilitate full participation in the global creative marketplace. Specific initiatives in the next biennium include:

  • Facilitating discussions in the SCCR on substantive agenda items and copyright-related emerging issues, including exceptions and limitations as per the SCCR agenda;
  • Supporting Member States regarding joining and implementing copyright treaties, in particular the Internet Treaties – the WCT and WPPT – the Beijing Treaty, and the Marrakesh Treaty;
  • Facilitating the most constructive ways to make the SCCR not just a forum for norm-setting discussions, but also a venue for addressing non-binding/soft law solutions;
  • Providing legislative advice to Member States to update and adopt balanced and effective national laws consistent with WIPO copyright and related rights treaties and exceptions and limitations;
  • Developing toolkits to facilitate the work of cultural as well as educational and research institutions, and to support their digital and cross-border activities.

Additionally, Algeria and the African Group proposed several other changes that were accepted during informal discussions among member countries. These developments represent significant milestones, and we believe they will positively impact achieving a more balanced IP system. 

The most relevant changes adopted by member States include (see Agenda item 8 WO/PBC/35/7):

  • Addition of a new bullet point related to traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs) under Strategic Pillar (SP) 4.
  • Addition of a new bullet point related to small and medium-sized enterprises (SMEs) under Strategic Pillar (SP) 4.
  • Modification of ER4.1 to include a reference to a balanced IP system, along with a related footnote.
  • Modification of the implementation strategy related to Development Agenda Coordination.
  • Modification of the implementation strategy related to the 2030 Agenda for Sustainable Development and Sustainable Development Goals (SDGs).

The upcoming second 2023 session of the PBC is scheduled for June 19 to June 23, 2023 (PBC 36th). During this session, discussions will focus on unresolved topics where member states have yet to reach a consensus. The finalized recommendations will then be submitted this July 6 to July 14, 2023, at the Fifty-Sixth Session of the WIPO General Assembly for their final approval.